§ 6.1.6.5 PRIVATE OR PROPRIETARY INTERESTS.

• Jurisdiction: Arizona

§ 6.1.6.5 Private or Proprietary Interests. In Wagenseller, the Arizona Supreme Court held that the public policy exception does not apply where the interest involved is merely private or proprietary.¹⁹⁹

In Norman v. Recreation Centers of Sun City, Inc.,²⁰⁰ the Arizona Court of Appeals reaffirmed Wagenseller's requirement that the interest at stake be public, and not merely "private or proprietary," in order for the exception to apply.²⁰¹ The Norman court held that an employee terminated in violation of the fiduciary duties the employer's board members owed to its shareholders²⁰² could not state a claim under the exception.²⁰³ In so holding, the court cited Campbell v. Ford Industries, Inc.,²⁰⁴ and distinguished Bowman v. State Bank.²⁰⁵

In Smemo-Rosenquist v. Meredith Corp.,²⁰⁶ an Arizona federal district court judge likewise declined to hold that the plaintiff's termination violated public policy where she "did not attempt to correct problems of public interest."²⁰⁷

--------

Notes:

^[199] Wagenseller, 147 Ariz. at 379, 710 P.2d at...